Dolsen v. Phœnix Preferred Accident Insurance
Michigan Supreme Court
Error to Bay; Collins, J. Assumpsit by Mordred C. Dolsen against the Phoenix Preferred Accident Insurance Company on a policy of insurance. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error.
1Opinion of the CourtBlair, J.
Action on an insurance policy to recover the sum of $300 alleged to be due to the plaintiff, in accordance with the terms thereof, in consequence of the death of Lee Dolsen by drowning on the 15th day of July, 1906. The declaration was filed as commencement of suit, March 23, 1907. Plea was filed March 27, 1907, with notice, (1) of the contract limitation of the right to bring suit to three months “ after the time when right of action may accrue or liability is denied by the company;” (2) that liability could not exceed one-tenth of the indemnity provided, because Lee Dolsen came to his death…
2Cases cited2 opinions
- Turner v. Fidelity & Casualty Co.Michigan Supreme Court · 1897
- Myers v. MyersMichigan Supreme Court · 1906
3Cited by9 opinions
- Bashans v. Metro Mutual InsuranceMichigan Supreme Court · 1963
- &198tna Life Ins. Co. v. WadeSupreme Court of Alabama · 1923
- Kavanagh v. St. Paul Fire & Marine InsuranceMichigan Supreme Court · 1928
- Westchester Fire Insurance Company v. Paul Sperling Dba Sperlings Dress ShopCourt of Appeals for the Ninth Circuit · 1970
- Hasson v. Mut. ben.H. A. Assn.Michigan Supreme Court · 1944
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